...Punishment versus Rehabilitation AJS/502 March 17, 2012 Punishment versus Rehabilitation For centuries the criminal justice system has struggled with punishment versus rehabilitation. Rehabilitation is the belief in curing a criminal of his or her criminal tendencies. By curing the criminal of his or her tendencies, he or she will one day be cast out back into society and be a contributing member. The idea behind punishment is to deter society while giving the offender his or her just deserts. The criminal justice system is a complex machine that society has designed to rehabilitate the offender while punishing the offender. The question still remains, is punishment or rehabilitation more important, depending on the person will depend on the answer. Deterrence of Crime Deterrence is one primary objective of criminal law. The goal is to discourage members of society from committing criminal acts out of fear of punishment (Farlex, 2008). Facing the criminal justice system can be a powerful deterrent. If an individual breaks a law he or she will be apprehended, convicted, and punished (Farlex, 2008). Many researchers have begun to look at personal choice. “An understanding of personal choice is commonly based in a conception of rationality or rational choice” (Keel, 2005, para 1). Cesare Beccaria and Jeremy Bentham are early classical theorists who analyzed human behavior concepts. “The central points of this theory are: (1) The human being is a rational...
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...Criminal Justice Trends Evaluation Anthony Tomlin CJA/394 May 1, 2014 Professor Ken Jones Criminal Justice Trends Evaluation The American criminal justice system serves as a means for retribution and rehabilitation for criminals. In the early inception of the criminal justice system juries held the sentencing powers – convicting most criminals to death. Over the years sentencing powers shifted to judges. In this paper we will discuss the problems and changes in the criminal justice processes. The criminal justice system is not perfect but over the years there has been an continued improvement in the process. There are issues with the system that are being addressed such as prison overcrowding, three strikes rule, the disparity in sentencing for certain drug convictions, and the sentencing of minority groups. There are several future trends, such as training and educating law enforcement personnel, rehabilitating criminals, and law enforcement being proactive versus reactive. There are changes in the criminal justice system occurring and changes being lobbied by politicians. The future of criminal justice is constantly evolving with time but the full extent of how the changes will affect the system is not fully known. Some suggest laws of the past have been left behind by society and that change to the criminal justice system requires an overhaul to laws. Understand some of the crimes individuals commit warrant the sentencing received because...
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...Restorative Justice Empowerment* Charles Barton** *Acknowledgements Versions of this paper have previously appeared in print as detailed below. The author acknowledges and thanks the relevant Editors for their permission to re-produce the article on the VOMA Web-Page: 1. The Australian Journal of Professional and Applied Ethics, vol. 2, no. 2, 2000. 2. Just Peace?: Peace Making and Peace Building for the New Millennium. (Proceedings of a Conference held 24 – 28 April 2000, at Massey University, Albany, Aotearoa/New Zealand) Edited by Warwick Tie. Massey University Centre for Justice and Peace Development. (pp. 50 – 62). **Biographical Note Charles Barton is a professional philosopher and conflict resolution specialist who lectures and trains in Law and Morality, Professional and Applied Ethics, and Restorative Justice. He is a Lecturer in the School of Policing Studies, and a Research Fellow in the ARC Special Research Centre for Applied Philosophy and Public Ethics, at Charles Sturt University, Australia. He is also a former Research Fellow of Massey University (NZ), and a current Visiting Fellow in the Key Centre in Ethics, Law, Justice and Governance at Griffith University, Queensland, Australia, and a Visiting Professor at the University of Colorado at Boulder, USA. Charles Barton is the developer and author of the Empowerment Model of Restorative Justice, which is based on a unified and comprehensive philosophy and theory of conflict resolution that makes Empowerment...
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...Criminal Justice System Mackenzie CJA/204 November 15, 2014 Erica Veljic Criminal Justice System The criminal justice system has many parts that emphasize the importance of following and abiding the law. Crime is a large problem throughout the world and is attempted to be controlled by local and governmental officials. The parts of the criminal justice system are supposed to work as a “well-oiled machine” in receiving justice for crimes committed. Unfortunately it seems that although all agencies of the criminal justice system have the same goal, none work in sync to solidify criminal justice as a system. Crime According to The Free Dictionary Online (2014), crime is “a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties”. Crime is punishable by the legal sanctions. The relationship between crime and law is without the strict enforcement of the law crime cannot be prevented. The two most common models of how society determines a criminal act include consensus and conflict models. Through the consensus model, society shares the same morals even though communities are quite diverse. The crimes that violate this morally valued system are deemed harmful to society. The conflict model holds that because society is so diverse people are constantly engaged in a power struggle. Those within the dominate groups will codify their beliefs and values into hard law (Thomas, Cage, &...
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...Punishment Versus Rehabilitation Isabel Nevarez University of Phoenix AJS/504 Nicholas Russo August 17, 2015 This paper, I will discuss the issues of punishment versus rehabilitation. I will point out issues on how punishment and rehabilitation affects deterrence of crime, how it affects victims and their family. I will also discuss how it affects offenders, the impact it has on society, and the fiscal impact upon society. Punishment and rehabilitation helps the inmate in different ways. This will show both pros and cons to punishment and rehabilitation. Punishment versus Rehabilitation The criminal justice system uses two objectives, these are punishment and rehabilitation. Society looks at these two with high prospects but the question is will the justice system live up to these expectation? The justice system and the community have beliefs on punishment and rehabilitation and how they should or should not work. Each one of these objectives will be addressed. Deterrence of Crime Deterrence theory comes down to if an offender commits a crime the benefit should outweigh the crime itself, if not, the offender will think twice before committing another crime. The deterrence theory does not explain criminal behavior. To prevent crime from happening again the criminal justice system use punishment, but the punishment should outweigh the potential crime. Crime has been a part of society for centuries. The most common form of punishment for the offender is to be put...
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...Rehabilitation Versus Punishment Tyler Ross Macomb Community College In this essay, I will go over the issues of punishment versus rehabilitation for convicted offenders. The issues I will point out will be how punishment and rehabilitation affects deterrence of crime, how it impacts the victims and their families, and the financial impact upon society. This debate will show both pros and cons to punishment and rehabilitation. The criminal justice system and the public have opinions on how each should work and not work. I will go over each side of the issue when it should be time to punish or rehabilitate. The Deterrence theory is if one commits a crime the punishment should outweigh the crime. To prevent crime from occurring the law will show through punishment. The punishment should outweigh the crime. If you put the fear of punishment into the criminal, then he will think twice about committing the crime. Crime has been part of society for a long time, and the usual punishment is to incarcerate. Even though incarceration is a temporary fix for the felon, research shows “recidivism amongst convicted felons following release from prison is as high as 63%” and most of the inmates had arrest records and convictions prior to the incarceration of their current offense “ (Carson & Mulako-Wangota, 1989). Others argue rehabilitation is a deterrence to crime. Rehabilitation has long-term effect on offenders since it would prevent future crime from happening. Also rehabilitation...
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...describing the concept of attorney–client confidentiality and its importance to the criminal justice system. Include a discussion of the major concerns involved in maintaining confidentiality. CJS 220 Capstone Capstone Discussion Question Post your response to the following: This course has taught the law as a “living body.” How do personalities, actions, trends, political correctness, and the moral aptitudes or ineptitudes of society influence the creation of governing laws? Do you think laws are a reflection of society or society is a reflection of laws? Explain your answers. CJS 220 Due Process Write a 200- to 300-word response describing the concept of due process, including how it applies to the criminal justice system. CJS 220 Final Write a 700-to 1,050-word paper in which you describe the appeals process. Address the following: · What is an appeal? · How do appeals factor into the overall criminal procedures and processes? · How can we improve the appeals process? Include at least one example of a real-world case that went through the appeals process. Explain why this appeal did or did not succeed. Format your paper and resource consistent with APA guidelines. CJS 220 Final 1 In this file of CJS 220 Final 1 you will find the next information: Write a 1500-1700 words paper on Fiction Versus Reality. CJS 220 Final 2 In this document of CJS 220 Final...
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...Running head: WARREN VERSUS REHNQUIST COURTS Warren versus Rehnquist Courts Michael Walker Park University Abstract The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law...
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...this author will discuss race and ethnicity of juvenile offenders in the United States' criminal justice system. First, one must understand what race and ethnicity is. According to Wilson, J., (2000), race is defined as 'one of five categories'white; black; American Indian, Eskimo, or Aleut; Asian or Pacific Islander; or other. The term 'black' includes African Americans and people of this racial designation whose ancestral origin lies outside the United States (e.g., Haitians).' (p. 2). Ethnicity is defined as 'Ethnicity usually indicates a person's country or countries of origin.' (p. 2). 'Children are one third of our population and all of our future.' (Select Panel for the Promotion of Child Health, 1981). What society puts into the future of the children is also what they can expect to get out of them. There is an increase in juvenile offenders, especially females. According to Wilson, J., (2000), It is difficult to pull statistics on different ethnicity juvenile offenders. (p. 2). For example, to differentiate the statistics on the amount of arrests of Caribbean blacks versus native U.S. blacks is impossible because such specific ethnicities are not recorded. Therefore, how are statistics drawn to determine the race and ethnicity of juvenile offenders? Several ways: Arrest reports, self report offending data, public records, and official data taken from criminal and juvenile justice agencies. Wilson, J., (2000) does state however there is a lack of consistency in gathering...
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...Theories on Criminal Acts CJ/204 January, 16, 2012 Professor Ryann Jorban Abstract There are many reasons why people commit crimes. We live in a world constantly changing and due to the change there are many theories on why people commit crimes. Theories on criminal acts There are many theories on why people commit crimes. By us understanding on why people commit a crime, we can develop ways to control crime. In criminology there are many theories on why people commit crimes. It is believed that an individual weights the pros and cons and makes a conscious choice whether or not to commit a crime. According to “Theorist Beccaria,” crime occurs when the benefits outweigh the costs- when people pursue self-interest in the absence of effective punishments. Crime is a free-willed choice. When considering the reasons leading to a criminal activity choice theory plays an important role. According to “Wikipedia” Choice theory is the believe that individuals choose to commit a crime and look at the opportunities before them. Weighing the benefit versus the punishment and deciding whether to proceed or not. Another important theory is classical theory. According to “Wikipedia” classical theory ascertains that people think before they proceed with criminal actions, that when one commits a crime it is because the individual decided that it was advantageous to commit the crime. Social learning theory is another important theory on why people commit crimes. According to “Wikipedia”...
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...Being labeled a felon has and continue to affect the lives of those who truly are rehabilitated, especially African Americans, limiting their success thereafter release. Lastly, one must examine the historical basis of racism in the Criminal Justice system. As a future Social Worker, effective efforts to address these above-mentioned issues require an in-depth understanding of high incarceration rates of African American males. Also, there must be understanding of the differences in sentencing practices of African Americans versus Caucasians. The Emergence of High Incarceration Rates Shortly, after the beginning of the Civil Rights Movement, Conservatives viewed civil rights allowed by blacks resulted in disobedience to the law. In addition, Civil Rights Leaders took action in an effort to desegregate public schools, restaurant, and other establishments that blacks were not allowed to frequent. During this era civil rights leaders like Dr. Martin Luther King, Jr. were viewed as people who had no regard for the law. According to Alexander, “beginning in the 1960s, crime rates rose in the United States for a period of...
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...criminology views criminal conduct as a matter of human nature and believed that all human beings have free will to engage in an act (Barak, Leighton, Flavin, 2010). Early philosopher, Jeremy Bentham, believed that the guide to conduct is a balance between pain and pleasure. In other words, the punishment was to fit the crime (Raymond Paternoster, 2010). Viewing punishment as a deterrent, classical theorist believed employing severe punishment to deter potential offenders who outweighed the pleasure of crime versus the pain of the punishment. Classical theory has been a elemental part of the legal and economic thought as well as influencing the degree of punishment and sentencing in the society (Barak, Leighton, Flavin, 2010). Within criminology the classical school's importance diminished as positivist explanations of criminal behavior emerged and became dominant. However, most modern criminal justice systems have never rejected free will explanations of criminal behavior. In the United States, the classical model has been encouraged more by the system in which it is implanted than by positivism. The classical model has re-emerged in criminology as the "justice model" and rational choice explanations. The positivist criminological theory came about in the late nineteenth century which began to study crime as a social phenomenon which was scientifically based (Barak, Leighton, Flavin, 2010). Cesare Lombroso, Italian psychiatrist and criminologist, concluded that criminals are born...
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...Criminal Justice System CJA/204 Crime is an omission or act which violates laws that results to punishment of an individual. The specific omissions or acts that constitute a crime are determined by the governmental bodies from the area you live. At any given time you will most likely be subject to three sets of laws. Defined is the first set federal statute. Outlined by the state government where you live is the second set. The third set is laws enacted by local government. If conflict ever arises in local rule or state in federal law generally federal law will control. The crime or offense level will usually be set from how sever the crime. Paying a fine to being incarceration can be the range of punishment. Law means a set of rules, regulations and principles by following which the society runs. Before you can be punished for the conduct most crimes require that you complete an affirmative act. Relationship between crime and law is without the strict enforcement of the law crime cannot be prevented. The two most common models on how society determines what acts are criminal are Due Process Model and Crime Control Model. Due Process highlights rights of a group of people and an individual’s right. Courts, quality, formality and individualization are the important issues that ensure the respect of due process. Crime Control is the efficient maintenance for safety of a community. Police, quantity, informality, and standardization are considered important...
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...Accused Versus Victim’s Rights The United States of America relies on due process of law to ensure equal protection of life, liberty and property to all citizens. Police officers work tirelessly to accommodate regulations adopted to ensure only criminals are convicted. These restrictions have been part of the United States since the Bill of Rights was generated in 1791, but in the 1960s, as “Law and Order,” the view that crime must be dealt with harshly to deter citizens from breaking the law, the Supreme Court was forced to decide the constitutionality of the rules of interrogation. In the Sixties, crime was escalating and public safety was becoming a growing concern; police began to treat suspects harsher in an effort to raise conviction rates and promote public safety. In 1966, however, the jurisprudence of the entire US justice system changed when the court of Chief Justice Earl Warren was presented with the case Miranda v Arizona. In this case, the majority decision ruled to protect suspects’ rights, extending equality of protection regardless of legal knowledge or background, not only highlighting the trends of human rights and equality in the Sixties, but also the tensions between criminal rights versus public safety, demonstrating a shift from the conservative ‘law and order’ jurisprudence to more liberal methods of interrogation and conviction. On March 2, 1963, Ernesto Miranda kidnapped a woman (whose name was not released to the press for her safety), drove her into...
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...Ohio State University law professor and civil rights activist Michelle Alexander, author of "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," reports there are more African American men in prison and jail, or on probation and parole, than were slaves before the start of the Civil War. Statistics reported in 2006, by the U.S .Department of Justice, Bureau of Statistics support this claim, which show that Blacks made up 41 percent of the nation’s 2 million prison and jail inmates, while Non-Hispanic whites made up 37 percent and Hispanics made up 19 percent. The disproportionate ratio of blacks to whites who are incarcerated is especially great in Iowa, Vermont, New Jersey, Connecticut, Wisconsin, North Dakota, and South Dakota – greater than 10-to-1 (USJB, 2006). Why this structural inequality towards African Americans is happening, why it matters, and suggestions to rectify this, are issues that are discussed in this paper. Why is this happening? Since 1970, the U.S. has experienced a large and rapid increase in the rate at which people, regardless of race, are housed in federal and state correctional facilities (Snyder, 2011). This rapid growth in the prison population has been attributed in a large part to the rate at which individuals are incarcerated for drug offenses, especially minorities (Snyder, 2011). Between1995 and 2003, the number of people in state and federal prisons incarcerated for drug offenses increased by 21 percent, from 280,182 to 337...
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